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On February 14, 2024, comments by Lynn L. Bergeson and Richard E. Engler, Ph.D. were featured in Chemical Watch’s article on the U.S. Environmental Protection Agency’s (EPA) planned Toxic Substances Control Act (TSCA) test orders. Richard Engler, director of chemistry with Bergeson & Campbell, said the test order forecast in the final fees rule is “much more reasonable” than what the agency outlined in 2022.  Lynn Bergeson, the law firm’s managing partner,...

The U.S. Environmental Protection Agency (EPA) announced on August 16, 2023, the availability of the latest Toxic Substances Control Act (TSCA) Chemical Substance Inventory. EPA notes that this update to the public TSCA Inventory is part of its biannual posting of non-confidential Inventory data. According to EPA, the Inventory contains 86,718 chemicals, of which 42,242 are active in U.S commerce. Other updates to the TSCA Inventory include updates to commercial activity data, unique...

The U.S. Environmental Protection Agency (EPA) has posted two new resource documents for recipients of test orders under Section 4 of the Toxic Substances Control Act (TSCA). The August 5, 2022, policy document entitled “Policies Regarding Manufacturers and Processors Subject to TSCA Section 4(a) Testing” provides two policies: The August 5, 2022, policy document entitled “Removal of Certain Companies from Seven TSCA Section 4(a)(2) Orders Issued in 2022” states that although EPA’s...

The U.S. Environmental Protection Agency (EPA) announced on December 28, 2021, it is granting a petition from six North Carolina public health and environmental justice organizations filed under Section 21 of the Toxic Substances Control Act (TSCA) to compel companies to conduct testing of certain per- and polyfluoroalkyl substances (PFAS). The previous Administration denied the petition on January 22, 2021. 86 Fed. Reg. 6602. The petition sought issuance of a rule or order under TSCA...

The U.S. Environmental Protection Agency (EPA) announced on February 3, 2021, the latest update to the Toxic Substances Control Act (TSCA) Inventory, “a list of all existing chemical substances manufactured, processed, or imported” in the United States.  EPA states that this biannual update to the public TSCA Inventory is part of its regular posting of non-confidential TSCA Inventory data.  EPA plans to release the next regular update of the Inventory in summer 2021.  According to EPA,...

The U.S. Environmental Protection Agency (EPA) announced on January 15, 2021, that it has issued test orders under Section 4 of the Toxic Substances Control Act (TSCA) to obtain additional data on nine of the next 20 chemicals undergoing risk evaluation.  EPA states that after reviewing the available data on these chemicals, it determined additional data are needed and is using its TSCA test order authority to require companies to develop and submit information on...